All branches of the military rely on the expectation that members will follow the orders of their superiors. In their oath, servicemembers pledge to “obey the orders of the President of the United States and the orders of the officers appointed over me…” There can be serious consequences for refusing to obey an order.
The Uniform Code of Military Justice (UCMJ), however, specifies that service members are required to obey “the lawful orders of his/her superior.” So what if you believe that an order you’ve been given is unlawful?
First, it’s important to recognize whether the order is actually unlawful or simply one with which you disagree. Members of the military have carried out actions and even entire missions for centuries that some believe are wrong but that they are nonetheless commanded to carry out.
So how do you know if an order is unlawful? While you can be court-martialed for disobeying a lawful order, you can also potentially face court-martial for obeying a clearly unlawful order. It can be impossible to determine whether an order is lawful in the moment – particularly in the heat of battle.
The example of the My Lai massacre
This is probably one of the most egregious examples of an unlawful order within the last century. During the Vietnam War, Army Lt. William Calley ordered his men to round up and kill hundreds of unarmed Vietnamese civilians, including children. Some of them followed the order, while others didn’t.
Calley and those who participated in the massacre were court-martialed. Calley, who was convicted of first-degree murder, claimed he was following an order from a superior. In issuing its ruling, the court stated that “the summary killing of an enemy who had submitted…is murder.”
That case involved, as the court put it, a “palpably illegal” order. What if you have to deal with the far more likely scenario of a questionable order? If you’re facing serious consequences for whatever your decision was about that order, it’s crucial to understand your rights and to seek experienced legal guidance to help protect those rights and present your case.